'Mr. Veto:' Trump maps a path to govern without Congress if Republicans lose control

The White House has spent several months preparing for a potential Democratic takeover of Congress, formulating plans to advance core elements of President Donald Trump's agenda through executive action while bracing for congressional investigations, according to an administration official and two individuals familiar with the strategy.Senior aides, including deputy chief of staff Stephen Miller and budget director Russell Vought, have been working alongside the White House Counsel's Office since April. Their objective has been to identify executive measures on immigration, tariffs, housing costs, and federal spending that Trump can pursue without legislative approval, the three sources said on condition of anonymity.White House counsel Will Scharf and his staff are also assessing "what Trump can legally do on his own, where he could push the limits of his authority and how to defend those decisions in court," the White House official noted.These preparations highlight a key paradox of Tuesday's midterm elections: while capturing Congress would empower Democrats to open inquiries, block legislation, and restrict spending, Trump would maintain sweeping executive authority over trade, foreign policy, and the federal bureaucracy—powers he has drawn on extensively during his second term.President Donald Trump dances to music as he arrives for a campaign rally at the Ocean Center Arena on October 30, 2026 in Daytona Beach, Florida (Getty)If Republicans lose their majorities, Trump indicated he expects to issue vetoes for "a month or two" before negotiating agreements with opposition leaders."I guess I'll become Mr. Veto," Trump told the New York Post's Pod Force One podcast in an interview excerpt released on Sunday. "And then at some point, we'll probably make deals."Democrats require a net gain of four seats in both the US House of Representatives and the US Senate to overturn narrow Republican majorities of 218-214 and 53-47, respectively. Public polling suggests Democrats are favored to capture the House, while the Senate contest remains exceptionally close.Throughout the past month, Trump has held rallies nationwide to help maintain Republican control of Congress, even as his internal team quietly plans for a starkly different legislative landscape in 2027.The White House rejected suggestions of potential Republican losses, criticizing media reporting on the subject."This administration and commonsense Republicans will continue to secure our borders, restore law and order, putting more money back into the pockets of hard-working Americans, and deliver wins for the American people," White House spokeswoman Lauren Bis said.Among the executive actions under review are new tariffs on imports of wind turbines and critical minerals, stricter rules on visas for temporary foreign workers and international students, and measures intended to lower construction and housing costs, according to the White House official.Federal agencies have already submitted policy proposals and legal reviews regarding steps the administration could take unilaterally, one source said.Vought, who leads the US Office of Management and Budget, is reviewing which initiatives can move forward using funds previously appropriated by Congress, two sources added. He also aims to revise federal grant rules to grant political appointees greater authority over which government programs receive funding, potentially increasing White House oversight of spending without congressional consent.Trump has been briefed on these preparations and has participated in discussions regarding the strategy, the White House official confirmed.When asked about Trump's willingness to govern primarily through executive power under a Democratic-controlled Congress, one source noted he would be "very comfortable."GOVERNING WITHOUT CONGRESSSince returning to office in January 2025, Trump has routinely tested the boundaries of presidential authority, utilizing executive orders to levy broad tariffs, intensify immigration enforcement, reduce the federal workforce, and advance foreign policy goals—including military operations against Iran—without new legislation or congressional consent.A notable exception was a major package of tax and spending cuts passed by the Republican-controlled Congress and signed into law by the president in July 2025.If Republicans lose control of Congress, Trump said he expects he could issue vetoes for ‘a month or two’ before reaching compromises with Democrats (AFP/Getty)"President Trump in the last two years has basically ignored Congress and tried to do as much as possible through executive orders and executive power," said Nathan Gonzales, editor at Inside Elections, which provides nonpartisan political analysis. "I think he will only continue if there are Democratic majorities."Trump has repeatedly declared national emergencies to broaden his ability to act independently. While Congress can vote to terminate those emergency declarations, Trump could veto any such resolution, requiring a two-thirds majority in both chambers to override him.However, a Democratic-controlled Congress would still present substantial challenges.A Democratic majority in the Senate would allow the party to block Trump's judicial and executive nominees, including potential Supreme Court appointments."I would anticipate they will be very reluctant to approve any of the president's appointments," said Andrew Busch, a public policy professor at the University of Tennessee, Knoxville, and author of a history of midterm elections.Democrats could also decline to advance Trump-backed bills. However, Trump could veto any Democratic legislation, and the party is unlikely to secure enough votes in the House to override a presidential veto.Furthermore, courts could strike down executive actions that exceed statutory authority. To prepare, the White House plans to request formal legal opinions from the Justice Department to determine the limits of Trump's unilateral authority and build defenses against potential legal challenges, one source noted.DEMOCRATIC INVESTIGATIONSOne major challenge that executive power cannot prevent is congressional oversight.Previous reports from Reuters noted that senior House Democrats and committee staffers have discussed conducting hearings, issuing subpoenas, and requesting documents to investigate whether Trump has used presidential authority for personal benefit, or to favor allies and donors.White House aides have been preparing for potential oversight for months, according to all three sources.White House attorneys have been advising political appointees and agency heads on responding to congressional document requests, subpoenas, and inquiries, instructing officials to exercise caution regarding written records.Additionally, administration lawyers have sought a Justice Department opinion that could enable Trump to invoke executive privilege to protect communications with private advisers from legislative oversight, one source said.